(a)  Provided the state is authorized by the administrator of EPA to issue experimental use permits, the director may:

(1)  Issue an experimental use permit to any person applying for an experimental use permit, if he or she determines that the applicant needs the permit in order to accumulate information necessary to register a pesticide under § 23-25-6(h). An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed.

(2)  Refuse to issue an experimental use permit, if he or she determines that issuance of the permit is not warranted or that the pesticide applications to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment.

(3)  Prescribe terms, conditions, and period of time for the experimental use permit, which shall be under the supervision of the director.

(4)  Revoke or modify any experimental use permit, at any time, if he or she finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.

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Terms Used In Rhode Island General Laws 23-25-7

  • Director: means the director of environmental management. See Rhode Island General Laws 23-25-4
  • Environment: includes water, air, land, and all plants and humans and other living animals in it, and the interrelationships which exist among these. See Rhode Island General Laws 23-25-4
  • EPA: means the United States Environmental Protection Agency. See Rhode Island General Laws 23-25-4
  • FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act, Rhode Island General Laws 23-25-4
  • Permit: means a written certificate, issued by the director, authorizing the purchase, possession, and/or use of certain pesticides or pesticide uses defined in subdivisions (34) and (35) of this section. See Rhode Island General Laws 23-25-4
  • Person: means any individual, partnership, association, fiduciary, corporation, governmental entity, or any organized group of persons whether incorporated or not. See Rhode Island General Laws 23-25-4
  • Pesticide: means :

    (i)  Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

    (ii)  Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. See Rhode Island General Laws 23-25-4

  • Unreasonable adverse effects on the environment: means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide. See Rhode Island General Laws 23-25-4

(b)  The director may develop and promulgate any other requirements by regulation that are necessary for the state plan to receive that authorization from EPA.

(c)  The director may limit or prohibit the use of any pesticide for which an experimental use permit has been issued by EPA, pursuant to § 5(a) of FIFRA, 7 U.S.C. § 136c(a), and which the director finds may cause unreasonable adverse effects on the environment.

History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-7; P.L. 1979, ch. 39, § 1.